In the US, law firms often work on a retainer system — an advance payment from which they deduct hourly rates for any consultations and correspondence. If the retainer runs out before the hearing, the firm may refuse to prepare for it, though this is ethically questionable. You need to carefully read the contract with the attorney before signing.

How a retainer works in the US

A retainer is an advance payment you give to an attorney so they start working on your case. The amount can range from $5,000 to $7,000. After signing the contract, the law firm starts deducting money from this account for every action: $80 for answering a letter, $800 per hour for a consultation with the attorney, $350 per hour for a paralegal’s work.

These rates apply automatically, even if you ask questions unrelated to your case. For example, questions about getting a driver’s license, insurance, or a child’s school are outside an immigration attorney’s scope, but the firm still charges for them.

Why the money runs out before court

Attorneys often receive clarifying questions and requests. For every letter, including a brief paralegal reply like “I don’t know,” $80 is deducted from the retainer. By the time there are 10 days left before the individual hearing, the balance may be zero.

In such situations, the law firm may announce that preparing for court will require additional money. Technically, this isn’t a violation of ethical norms, but it creates a conflict of interest: the firm has already been paid, so it may have less incentive to properly prepare for the decisive hearing.

What’s written in the contract matters

Contracts differ significantly between firms. In some, as described above, hourly rates apply to any contact. In other contracts, a fixed rate is specified — for example, $450 per hour for the attorney’s work — and at the end of the process a recalculation is done: the actual hours you communicated with the attorney are counted, and any overpayment is refunded.

People often sign contracts without reading them fully. This leads to unpleasant surprises when money runs out unexpectedly fast, leaving very little time before a critical point in the case.

How to protect yourself

Before signing a contract with an attorney, carefully study the payment section. Clarify:

  • How the retainer is calculated and what actions affect it
  • Whether you’ll be billed for questions unrelated to your case
  • What happens if the money runs out a few days before court
  • Whether overpaid amounts are refunded
  • Whether a recalculation is provided at the end of the case

If the firm refuses to explain the contract terms or avoids direct answers about payment, that’s a signal to be cautious.